It has been a busy week for those involved in the Commission on Children and Families. The week started out with the AOC Board approving an Early Learning Task Force to make recommendations to the state's Early Learning Council (ELC) and the Legislature on "how the work of local commissions may be aligned with the work of the council," including functions to engage communities and leverage matching resources. Several commissioners will serve on the task force and it will be staffed by Mark Nystrom. Please contact Mark with any questions.

That evening the Early Learning Design Team had what turned out to be its last meeting. It was decided that one more meeting would not change a great deal. The team discussed the proposed components of the Early Learning Council (ELC). The draft strawperson proposal will be presented to the ELC once it is formed.

The next step was to form the ELC and SB 909A did exactly that. SB 909A was tied to a number of other education reform bills and moved through both the house and the senate. 

A related bill, Representative Kotek's HB 3086 is struggling to get a hearing in Ways and Means. If passed, this bill would clearly define a role for the local commissions in the Early Learning Council. In the dash 9 amendments the state commission would be abolished March 15, 2012 to allow time to transfer the duties of the state commission to the ELC.

Three other bills began moving and are expected to pass both the House and the Senate next week:

•  HB 3102: Transfers the responsibility for the court appointed CASA program from the State Commission on Children and Families to the Criminal Justice Commission
•  HB 3260: Transfers the responsibility for the runaway and homeless youth program from the state commission to the Department of Human Services and allocates a new position to run the program.
• HB 3684: The Keep Kids Safe Registration Plate bill. The Department of Transportation will deposit net proceeds collected from surcharge on license plates to an account designated by Children's Trust Fund of the Oregon Foundation.

The Health System Transformation bill, HB 3650, finally emerged with the dash 43 amendments. In addition to these amendments a "conceptual amendment" with the cost of $1.1 million for staffing was added by the Legislative Fiscal Office.  

The bill quickly moved through the Capital Construction subcommittee on Wednesday night and had a Full Ways and Means hearing on Friday where the dash 45 amendments were adopted. It is expected to pass both the House and the Senate by next week. 

The language regarding the counties did not change from the last version seen publicly (the dash 4 amendments). For another perspective on the bill, see the Lund Report.

Two bills dealing with Psychiatric Security Review Board (PSRB) began moving again. HB 3100, the "Front Door" bill, will require certification of psychiatrist or psychologist in "guilty except for insanity" proceedings. It also sets the default for a person with misdemeanor charges to be served in the community unless the court finds that the person presents a substantial danger to others. SB 420, the "Back Door" bill, will give the Oregon Health Authority the right to decide when a person can be released back into the community and whether the person should be recommitted. However, the PSRB will supervise the person once released into the community.  Measure 11 crimes are not included in these changes.

That was the question before the conference committee on HB 3280 on Thursday. The conference committee endorsed "Wine" by adopting the B-39 amendments to HB 3280.  

Oregon statutes provide that a winery may be established as an outright permitted use on land zoned Exclusive Farm Use (EFU) based on specific thresholds related to vineyard acreage and gallons of wine produced. Under current law, a winery producing less than 50,000 gallons from a vineyard of at least 15 acres or a winery producing less than 100,000 gallons from a vineyard of at least 40 acres is an outright permitted use. These wineries are currently authorized to sell items directly related to the sale and promotion of wine, including food from a limited service restaurant.

HB 3280, as amended, revises the thresholds for wineries related to vineyard acreage and gallons of wine produced. It also authorizes a winery to market and sell wine produced in conjunction with the winery, including wine tours, wine tasting, wine clubs and similar activities. HB 3280 authorizes wineries to market and sell items directly related to the sale and promotion of wine produced in conjunction with the winery, including food and beverage prepared by a limited service restaurant and to provide services related to sale and promotion of wine including private events limited to 25 days or fewer in a calendar year. The bill defines private events to include, but not limited to, facility rentals and celebratory events. The legislation would authorize local governments that have issued permits to wineries for outdoor concerts, for which admission is charged, facility rentals or celebratory events to continue to issue permits.    

Passage of HB 3280 will end the Legislature's discussion of winery related issues for 2011. However, the discussion does not end here as provisions related to the sale of items and service provide at wineries are set to sunset on January 1, 2014.

Last week, the Senate Rules Committee adopted amendments to SB 395 and passed the bill to the Senate floor. Last November, the voters passed Ballot Measure 73, which increased penalties for some sex offenses and driving under the influence (DUII) repeat offenders. For the repeat DUII offenders, it required a minimum stay in the county jail. It also required the state to reimburse counties for those jail costs -pretrial and post-trial, but it didn't specify exactly who is "the state."  In December, the state Department of Corrections (DOC) sent a letter to all counties telling them not to send DOC the bill because DOC had neither the authority nor the money to pay the reimbursements.

In April, just before the deadline to act on Senate bills, the Senate Judiciary Committee amended SB 395 to address the reimbursement issue. Unfortunately, the amendment had several problems. First, it deleted the reimbursement language of Measure 73. Then, it replaced reimbursements with a grant scheme, set a ceiling on the amount of cost it would pay, eliminated the reference to paying for pretrial costs, and made it all subject to an appropriation. It then passed the bill along to the Senate Rules Committee.

From that point forward, AOC, working with the Oregon Anti-Crime Alliance (the sponsors of Measure 73) and the Oregon State Sheriffs Association, negotiated with DOC to fix those problems. The amendments adopted Wednesday were the result. They contain findings that include the language the voters passed, they provide that DOC will reimburse the counties (including pretrial costs) and they set a rate (rather than a ceiling) for jail cost reimbursements that is the same rate previously agreed upon for jail costs in community corrections cases. The cost of this was anticipated in both the Governor's Recommended Budget and the Co-Chairs of Ways and Means budget so funding should already be set aside.

Unfortunately, we're not out of the woods yet. SB 395 also changes one of the penalties set by Measure 73 in a way that appears to fit the original intent (it changes sentencing guidelines to better fit the penalty apparently anticipated but not directly stated in Measure 73), so it will require a two-thirds vote to pass in each chamber. If it fails, counties will be back to trying to figure out who the "state" is for purposes of recovering their jail costs for the new DUII offenses - and the state will be saddled with the additional costs of housing quite a few of those folks in prison rather than jail. On Wednesday, SB 395 passed the Senate 25 to 4. On Thursday it was referred to House Rules Committee. So far, so good...but not done.

On Wednesday, the House unanimously passed HB 3560B, which establishes a wolf depredation compensation program within the Department of Agriculture and implemented locally by counties that wish to participate. After extensive negotiations by the Oregon Cattlemens Association, Defenders of Wildlife and others, the bill emerged in its final form with flaws. Generated from Wallowa County, AOC supported the concept. Its final version, however, includes an ambiguous requirement that for a county program to qualify for grants the county must contribute "10 percent of the amount necessary to implement, during the calendar year, the county program." This provision appears to relate only to the local administrative costs, and not the grants themselves. ODA is to engage in rule-making. How the program is implemented will determine whether counties will participate and whether amendments to it will be needed in the February 2012 legislative session.

The Capitol Construction Subcommittee of Ways & Means moved HB 3636 forward to the full committee. The bill would permit an applicant for a license, tag or permit by the Fish & Wildlife Department to make a voluntary contribution for predatory animal control in the county or counties in which the license, tag or permit allows the person to hunt. This bill is moving late, but could very well become law.

While none of the 30-plus bills that address substantial reforms to the PERS system have moved forward this session, two smaller bills have moved out of the Ways and Means Committee to the House floor. HB 2456 partially addresses the issue of public employees who retire under PERS, move out of state and receive money to cover the cost of Oregon state income taxes on their pension benefits while not actually owing any Oregon state income tax. The original version of the bill would have eliminated the tax benefit retroactively however the amended version applies prospectively to those who move out of state and retire after January 1, 2012. Due to computer system modifications, the bill will actually cost the state more in the next four years than it will save, however it could result in modest savings long-term. There are also legal questions associated with the bill, which contains a provision providing for an expedited review by the Supreme Court if a challenge to the law is filed within 60 days of the effective date of the act. 

Also, concepts from two PERS agency "housekeeping" bills have been combined and are moving forward as HB 2113. This bill makes a number of technical changes to the PERS system and the Oregon Public Service Retirement Plan (OPSRP), either to conform with federal tax law, correct items omitted when previous legislation was passed, or to delete statutory provisions invalidated through court decisions. None of the proposed changes make significant revisions to the PERS system, however like all things PERS-related, they are fairly complex and a more thorough review will be sent to AOC members following the session should HB 2113 make it to the governor's desk for signature.

The U.S. Department of Housing and Urban Development (HUD) recently released the Advanced Notice for the Sustainable Communities Regional Planning Grant Program.

Applications are due July 21, 2011.  Here is a brief description.

The Sustainable Communities Regional Planning Grant Program (Program) supports metropolitan and multijurisdictional planning efforts that integrate housing, land use, economic and workforce development, transportation and infrastructure investments in a manner that empowers jurisdictions to consider the interdependent challenges of (1) economic competitiveness and revitalization; (2) social equity, inclusion and access to opportunity; (3) energy use and climate change; and (4) public health and environmental impact.The Program places a priority on investing in partnerships, including nontraditional partnerships (e.g., arts and culture, recreation, public health, food systems, regional planning agencies and public education entities) that translate the Livability Principles (Section I.C.1) into strategies that direct long-term development and reinvestment, demonstrate a commitment to addressing issues of regional significance, use data to set and monitor progress toward performance goals and engage stakeholders and residents in meaningful decision-making roles.

For more information see the Sustainable Communities Regional Planning Grant Program Advance Notice Grant.

Oregon's 36 counties and the Association of Oregon Counties collectively provided the largest contribution ($56,500) to the NACo 2011 Annual Conference and Exposition that will be held in Multnomah County July 15-19. As a result, Oregon's 36 counties and AOC will sponsor the conference-wide event - a block party in the downtown Portland south park blocks! 

Umatilla County Commissioner Bill Hansell (past president of NACo and AOC) delivers the Oregon counties' contribution to Multnomah County Chair Jeff Cogen

Have you registered for the NACo Annual Conference? Register today, for your national association's annual conference in Multnomah County, Oregon, July 15 -19.

The conference offers great opportunities to:

• Network with your peers
• Bring solutions home to your county
• Hear from expert speakers that will inspire and educate
• Learn from more than 30 educational workshops, and
• Meet with suppliers that can provide you cost saving opportunities on services and products
• Become familiar with Social Media

Questions? Please contact the NACo Meetings Department at nacomeetings@naco.org.

We hope to see you in Multnomah County (Portland) Oregon!   

Ready to showcase Oregon to the nation? The National Association of Counties Annual Conference will be held in Multnomah County starting July 15th. Volunteers are needed to help guide the estimated 3,000 county visitors around Portland and Oregon. Please consider using some of your spare time to help make their visit to our state and region a memorable one.  

Becoming a volunteer is easy. Just register. Volunteers will get training and a t-shirt among other things for their time. If you have questions, please contact Theresa Sullivan at Multnomah County. Her phone number is 503-988-3655. 

Quality of Life for Oregonians: An intersection of county services

The AOC 2011 Summer Summit is now open for registration!

Join county colleagues in an extensive exploration of how a myriad of county programs intersect to improve quality of life for your constituents. The conference focuses on:

• Working across multiple systems to meet the demand for efficient & effective services
• Leadership while confronting barriers and seeking opportunities
• The challenges and opportunities of prisoner reentry in your community
• The county role in Oregon's new early learning initiative
• What health care transformation mean to you and your constituents 

Video and Desktop Conferencing Available Now!

This Week's Contributors 

It was a full and busy week, but Mark Nystrom, Art Schlack, Ann Hanus, Paul Snider, Gil Riddell, Mike Eliason, Laura Cleland and Cara Fischer made this issue of Oregon Trails possible.

Have a Great Weekend!